Dean Rauchwerger from Butler Weihmuller Katz Craig presented in Houston, TX at the CLM 2018 Annual Conference on the topic of “Subrogating Catastrophic Industrial Accidents: Finding the Holes in the ‘Swiss Cheese.'”
Catastrophic industrial accidents, large and small, often involve extensive property damage, significant business interruption, and bodily injuries. Strong leadership and solid investigation maximize recovery opportunities. This program discussed best practices for effectively investigating large loss industrial accidents and developing viable recovery theories for causation and contributory causes for failed protective systems. Speakers highlighted the “Swiss Cheese” model of accident causation in risk management to identify the safety failures that afford recovery opportunities. Practical advice was offered on mitigating evidence spoliation, selecting the right experts, managing the loss scene with interested parties, managing the scope of work, and scheduling and budgeting for the complex large loss investigation including the dynamics of market losses with multiple insurers. Legal and factual strategies and challenges for turning a large loss into a viable recovery opportunity will be discussed. Crisis management was also highlighted, including interfacing with media, government agencies, and interested stakeholders.